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AF | BCMR | CY2005 | BC-2004-02930
Original file (BC-2004-02930.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02930
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1958 under-other-than-honorable-conditions  (UOTHC)  discharge  be
upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he entered the Air Force he was 17 years old and made  a  mistake
in judgment, which he regrets and  would  not  do  again.   No  court-
martial was involved.  He wanted to stay in the Air Force but was  not
allowed because of a five-year probation by the Civil Court.   He  was
65 years old on 20 Sep 04, and wants his discharge upgraded.   He  has
had no further problems with the law.  He’s been married for 44 years,
raised four children, and owned his own business  for  30  years.   He
paid for what he did and learned a lesson that lasted a lifetime.   He
would be grateful for a general discharge.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records are  virtually  nonexistent
and presumably were  destroyed  in  the  1973  fire  at  the  National
Personnel Record Center.

His DD Form 214 reflects he enlisted in the Regular Air  Force  for  a
period of four years on 17 Oct 56, and was assigned to  Sheppard  AFB,
TX as an aircraft mechanic.  He was 17 years old at the time.   On  29
May 58, the applicant was separated in the grade of airman basic  with
a UOTHC (formerly undesirable) discharge.  No further  information  is
available.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,
they were unable to locate an arrest record (Exhibit C).

On 10 Jan 05, the AFBCMR Staff invited the applicant to  submit  post-
service information.  However,  as  of  this  date,  this  office  has
received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice  to  warrant  upgrading   the
applicant’s UOTHC discharge.  Considering the limited existing record,
and the applicant’s failure to establish his discharge was improper or
contrary to the provisions of the governing regulations at  the  time,
we are reluctant to change the characterization of his service due  to
error or injustice.  Given the lack of an FBI arrest record, we  would
have been willing to consider the applicant’s request on the basis  of
clemency.  However, he did not respond to the AFBCMR Staff’s 10 Jan 05
invitation to provide post-service information.  At this point, we  do
not know how serious  his  military  misconduct  was,  or  whether  he
subsequently turned his life around as he now  asserts.   We  strongly
encourage the applicant to provide some details or documentation about
the circumstances of his discharge and, more importantly, the type  of
post-service  information  described  in  the   Information   Bulletin
enclosed.  We would  be  very  willing  to  reconsider  his  case  for
possible clemency should he provide such materials.  Unless  or  until
he does so, however, we find no compelling basis to recommend granting
the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 March 2005 under the provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02930 was considered:

   Exhibit A.  DD Form 149, dated 10 Nov 04, w/atch.
   Exhibit B.  Reconstituted Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFBCMR, dated 10 Jan 05.





                                   WAYNE R. GRACIE
                                   Panel Chair

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